ALLEN WOODHOUSE AGAINST LOCHS AND GLENS (TRANSPORT) LTD [2019] ScotCS CSOH_105 (18 December 2019)

ALLEN WOODHOUSE AGAINST LOCHS AND GLENS (TRANSPORT) LTD [2019] ScotCS CSOH_105 (18 December 2019)

The defenders discharged the burden of proving the accident occurred without negligence. The coach was well maintained, the driver was competent, and no evidence established that the speed or actions of the driver were negligent. The accident was caused by strong, turbulent gusts of wind, but such conditions were foreseeable and not exceptional. No fault was established against the defenders or their employee.

Citation
[2019] ScotCS CSOH_105
Parties
Pursuer: Allen Woodhouse; Defender: Lochs and Glens (Transport) Ltd
Jurisdiction
Scotland
Judgment Date
18 December 2019
Procedural Posture
Personal Injury / Final Judgment
Outcome
claim dismissed
Legal Topics
Res Ipsa Loquitur, Damnum Fatale, Burden of Proof, Road Traffic Accident, Vicarious Liability
Tort Personal Injury Negligence Res Ipsa Loquitur Damnum Fatale Burden of Proof Road Traffic Accident Vicarious Liability

Case Brief

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Parties

Allen Woodhouse

Pursuer

Lochs and Glens (Transport) Ltd

Defender

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

  1. 1 Whether the accident was caused by negligence of the defenders or their employee
  2. 2 Whether the burden of proof shifts to the defenders under res ipsa loquitur
  3. 3 Whether the accident was caused by damnum fatale (Act of God)

Ratio Decidendi

The defenders discharged the burden of proving the accident occurred without negligence. The coach was well maintained, the driver was competent, and no evidence established that the speed or actions of the driver were negligent. The accident was caused by strong, turbulent gusts of wind, but such conditions were foreseeable and not exceptional. No fault was established against the defenders or their employee.

Court Disposition

claim dismissed

Orders

  • decree of absolvitor granted